So, I've come to the conclusion that, legally speaking, in this particular jurisdiction, the temp is illegal. Since the POCO is in the same organization as the building department, then the inspectors also have the responsibility of enforcing the POCO guidelines, which have been adopted into law by the city council.
I'm also of the conclusion that this local rule has been built on a false premise of being "based on the NEC, 230.7." It seems to me this rule is to limit the damage imposed on the property in the event of a fault. The NEC's scope includes protection of property. This seems like a reasonable measure to keep the costs down of repair in the event of a service conductor fault. Sure, your service conductors are toast, but at least the branch circuit wiring has been spared from the heat generated from the event.
In this case, we're dealing with a temp power pole. I am curious as to why this is appears to be considered (by those who have adopted it into law) as a safety issue, not a theft-of-power issue. No one is going to be living in the temp. The temp is not attached to a structure of any value. That leaves the motivation as protection of the temp itself from the power company, IMO.
I don't understand how a service conductor fault occuring in the lower portion of the can is any less or more hazardous than it occuring in the top of the can. It is going to be catastrophic for the equipment in any case. Who cares where the hole gets blown in the can in the event of a fault?
So, if the equipment is FUBAR in either scenario, that leaves the issue of injury to personnel from the conductor routing.
Injury to personnel is a non-issue, IMO, because anyone digging into a temp while energized would be exposed to lethal shock, whether they were playing with the service conductors or the branch circuit conductors. They are both non-GFCI-protected, 120V line-to-ground sources. They will all kill equally. A circuit breaker is not going to help a soul.
In fact, given the insulation of USE versus THHN, it's far more likely that someone monkeying around in the panelboard area is going to be killed from a branch-circuit insulation failure, not a service conductor insulation failure.
So, what gives? Keep it clean, I'm thinking about inviting the inspector who brought this to my attention into the debate. Maybe. I've dug my own grave that way in the past.
